Act No. 367 / 2017 Coll.
Act amending Act No. 218 / 2000 Coll., on budgetary rules and amending certain related laws (budgetary rules), as amended, and other related laws
Valid
Law
Effective from 01.01.2018
367
THE LAW
of 16 October 2017
amending Act No. 218 / 2000 Coll., on budgetary rules and amending certain related laws (budgetary rules), as amended, and other related laws
Parliament has decided on this law of the Czech Republic:
Amendment of the budgetary rules
Act No. 100 / 2009, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011 / 2011, Act No. 100 / 2011, Act No. 100, Act No. 100 / 2011, Act No. 100, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100, Act No. 100 / 2011, Act No. 100, No 2011, No 2011, No 2011, No 2011, No 2011, No No. 2011, No. 2011, No. 2011, No. 2011, No. 100, No. 2011, No. 2011, No. 2011, No. 2011, No. 2011, No. 2011, No. 2011, No. 2011, No.
1. In Paragraph 14 (3), the first sentence is replaced by the following: "An application for grant or repayable financial assistance may not be made orally."
2. in Paragraph 14 (3) (c):
"(c) the purpose for which the applicant for the grant or the repayable financial assistance (" the subsidy applicant ") wishes to use the requested funds;"
3. In Paragraph 14 (3) (d), "a 'is deleted.
4. in Paragraph 14 (3) (e), the words "on subsidy" shall be inserted after the words "applicant."
5. In Article 14, at the end of paragraph 3, the dot is replaced by a comma and the following points (f) and (g) are added:
"(f) other supporting documents necessary for the decision of the provider; and
(g) identification of the call on the basis of which the request is made. ";
6. In Paragraph 14 (4) (c), the words "or the amount of which a grant or repayable financial assistance may be granted 'are deleted.
7. in Article 14 (4), point (i) is deleted;
Points (j) and (k) shall be renumbered as points (i) and (j).
8. in Paragraph 14 (4) (i), the words "not covered by the Public Procurement Act" shall be replaced by the words "not selected by the Public Procurement Act."
9. Paragraph 14 (5), including footnotes 15 and 15a and the references thereto, is deleted.
Paragraphs 6 to 13 shall become paragraphs 5 to 12.
10. In Paragraph 14 (8), "6 'is replaced by" 5' and "7 and 8 'is replaced by" 6 and 7'.
11. in Paragraph 14, paragraph 12 is deleted;
12. in § 14e (1), first sentence, § 14f (1) (b) and in § 14f (4), "6" is replaced by "5."
13. in § 14e (1) second sentence and in § 14f (3) (a), "(k)" is replaced by "(j)."
14. The following Sections 14g to 14q are inserted after Section 14f, including the headings:
Management
The management shall be managed by the provider. The provider may delegate certain activities to a legal person or other organisational body of the State by public contract; Article 160 of the Administrative Regulation applies mutatis mutandis for the procedure. However, it is not possible to transfer a notice of invitation under § 14j and a decision.
Service of the decision rejecting the application
A decision rejecting the application for grant or repayable financial assistance in its entirety may be served by a public order only in a way that allows remote access.
Party to the proceedings
Only the applicant for the subsidy shall be a party to a grant or repayable financial assistance procedure.
Call for applications
(1) The invitation to submit an application for a grant or repayable financial assistance shall be made public in a manner which allows remote access. The content of the call shall be accessible for at least 30 days before the deadline for the submission of the request. The content of the call is its substantive focus, the range of eligible beneficiaries, the deadline for the submission of the application and, where appropriate, the additional requirements to be met by the applicant and the information on the supporting documents referred to in Article 14 (3) (f).
(2) The invitation to submit an application for a grant or repayable financial assistance also contains information on the possibility of a procedure under Articles 14k (1), (3) and (4), 14l and 14p.
(3) A request for subsidy or repayable financial assistance made before the call is published shall not be taken into account.
(4) By order, the provider shall terminate the procedure where:
(a) the application has not been lodged within the time limit set by the call for applications;
(b) the applicant does not correspond to the range of eligible applicants indicated in the call for applications;
(c) the application suffers from defects and the call for an application does not allow the possibility of its removal under Paragraph 14k (1).
Removal of defects in the application, supporting supporting documents and modification of the application
(1) Where an application for a grant or repayable financial assistance is made by defects, the provider shall, in the event that he has expressly indicated this in the invitation under Paragraph 14j, invite the applicant to remedy the defects; provide it with a reasonable period of time.
(2) If the applicant does not remove the defect subsidy within the time limit referred to in paragraph 1, the provider shall stop the proceeding.
(3) If he has explicitly stated this in the invitation under § 14j, the provider may at any time during the procedure invite the applicant to submit further supporting documents or data necessary for the decision to grant the subsidy or the repayable financial assistance, to which he shall provide the applicant with a reasonable period of time.
(4) If he has explicitly stated this in the invitation under Paragraph 14j, the provider may recommend to the applicant for the grant an amendment to the application if he may assume that the modified application will be fully granted; if the applicant complies with this recommendation, the provider shall assess the modified application.
If the applicant for a subsidy or if the applicant for a subsidy has died before the date of the decision granting the subsidy or the repayable financial assistance, the provider shall stop the proceedings unless otherwise provided for in the call under Paragraph 14j.
Decision
(1) Provider by decision
(a) provide a full grant or repayable financial assistance;
(b) reject the application for a grant or repayable financial assistance; or
(c) grant or repayable financial assistance shall be partially granted and rejected in the remainder.
(2) Where the grant or repayable financial assistance is granted in whole or in part, the operative part of the decision shall contain the elements referred to in paragraphs 14 (4) (c) to (h) and may contain the elements referred to in paragraphs 14 (4) (i) and (j) and 14 (5) to (7).
Time limit for decision
(1) A decision rejecting the application for grant or repayable financial assistance shall be taken by the provider no later than 30 days from the date on which it issued all the decisions by which the funds are provided following a call under Paragraph 14j.
(2) The date of the decision to grant the grant or the repayable financial assistance shall be deemed to be the date on which the public or small scale aid is granted.
Amendment of the Decision
In accordance with the procedure laid down in Sections 14g to 14i, 14l and 14m, the provider may decide, at the request of the beneficiary of the subsidy or of the repayable financial assistance, to amend the rights and obligations referred to in Sections 14 (4) (c), (e) to (j).
New Decision
Applications for grants or repayable financial assistance, which have been definitively rejected in whole or in part, may be fully complied with by a new decision, or partially met, and rejected in part if the subsidy applicant so agrees. Such a decision may be preceded by the procedure laid down in Article 14k (3) and (4).
Relationship with the Administrative Rules
(1) The provisions of Sections 37 (3), 41, 45 (2) and (4), 71 (3), 80 (4) (b) to (d), 140 (2) and 146 of the Administrative Regulation do not apply in the procedure for granting grants or repayable financial assistance.
(2) There shall be no appeal or decomposition against the decision of the provider. Retrial is not permitted. The review procedure shall not be allowed, except for the procedure laid down in Article 153 (1) (a) of the Administrative Regulation. ';
15. In Article 17, the words "on subsidy 'shall be inserted after the words" the applicant'.
16. In Article 24 (8), the comma and the words "pursuant to paragraph 4 'are added after the words" pursuant to paragraph 1'.
17. in the third sentence of Paragraph 26 (2), "6" is replaced by "5."
18. In the first sentence of Paragraph 27 (1), the words "and unforeseen 'are replaced by the words" but not contained in the State Budget Act'.
19. in Paragraph 44 (1) (i), "8" is replaced by "7."
20. in Article 44a (4) (a) and Article 44a (5), "6" is replaced by "5."
21. In the second sentence of Paragraph 75, "10 'is replaced by" 9'.
22. in the second sentence of Article 77 (1), "Article 14 (13)" is replaced by "Article 14o."
Transitional provisions
1. The procedure for granting the grant or repayable financial assistance in cases where a request for subsidy or repayable financial assistance was made before the date of entry into force of this Act shall be followed in accordance with Act No. 218 / 2000 Coll., as effective before the date of entry into force of this Act.
2. Applications submitted after the date of entry into force of this Act shall be decided in accordance with Act No. 218 / 2000 Coll., as effective from the date of entry into force of this Act, even if the call for applications for grant or repayable financial assistance was published before the date of entry into force of this Act.
3. The provider shall, within 30 days of the date of entry into force of this Act, publish in a manner which allows remote access information on the possibility of action under § 14k paragraphs 1, 3 and 4, § 14l and 14p of Act No. 218 / 2000 Coll., as effective from the date of entry into force of this Act. If the provider does not disclose the information, the request published before the date of entry into force of this Act shall be followed.
Amendment of the Regional Development Support Act
Act No. 248 / 2000 Coll., on the promotion of regional development, as amended by Act No. 320 / 2002 Coll., Act No. 109 / 2006 Coll., Act No. 138 / 2006 Coll., Act No. 186 / 2006 Coll., Act No. 66 / 2007 Coll., Act No. 154 / 2009 Coll., Act No. 199 / 2010 Coll., Act No. 253 / 2011 Coll., Act No. 420 / 2011 Coll., Act No. 457 / 2011 Coll., Act No. 239 / 2012 Coll., Act No. 250 / 2014 Coll., Act No. 298 / 2015 Coll., and Act No. 24 / 2017 Coll., is amended as follows:
1. in Paragraph 18 (6) (c):
"(c) by service of applications for grants or repayable financial assistance, decisions in the procedure for granting grants or repayable financial assistance, requests for payment, change reports and other similar documents;"
2. In Paragraph 18, paragraphs 18 and 19 are added:
"(18) The document referred to in paragraph 6 (c) shall be deemed to have been delivered at the time when the applicant or the person authorised by him enters the monitoring system, having regard to the scope of his authorisation within the monitoring system, and having access to the document.
(19) If the applicant or the authorised person has not entered the monitoring system within 10 days of the date on which the document was inserted into the monitoring system, that document shall be deemed to have been delivered on the last day of that period; This shall not apply if other legislation excludes replacement delivery. ';
Amendment of the Act on Support for Research, Experimental Development and Innovation
In Section 7 of Act No. 130 / 2002 Coll., on Support for Research, Experimental Development and Innovation, as amended by Act No. 110 / 2009 Coll., Act No. 420 / 2011 Coll., Act No. 135 / 2016 Coll. and Act No. 194 / 2016 Coll., paragraph 9 is added as follows:
"(9) Paragraph 14g to 14q of the budgetary rules shall not apply to the grant of special purpose aid under this Act, except for special purpose aid for specific higher education research. '
Amendment of the Act on the State Environmental Fund of the Czech Republic
Act No. 388 / 1991 Coll., on the State Environmental Fund of the Czech Republic, as amended by Act No. 334 / 1992 Coll., Act No. 254 / 2001 Coll., Act No. 482 / 2004 Coll., Act No. 227 / 2009 Coll., Act No. 346 / 2009 Coll., Act No. 239 / 2012 Coll., Act No. 250 / 2014 Coll. and Act No. 41 / 2015 Coll., is amended as follows:
In Article 4, the following paragraph 5 is added:
"(5) In order to take a decision to which an application pursuant to paragraph 3 is wholly rejected or to which the application is partially granted and in the remainder rejected, the provisions of the law governing the granting of subsidies and repayable financial assistance from the State budget shall apply mutatis mutandis. ';
EFFECTIVE
This Law shall enter into force on 1 January 2018.
Hamlet v. r.
Zeman v. r.
Sobotka v. r.
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Regulation Information
| Citation | Act No. 367 / 2017 Coll., amending Act No. 218 / 2000 Coll., on budgetary rules and amending certain related laws (budgetary rules), as amended, and other related laws |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 07.11.2017 |
|---|---|
| Effective from | 01.01.2018 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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